Home Buying in 92057>Question Details

Steve Foster, Home Buyer in

We bought a house and the plumbing wasn't in working order, don't seller have to repair?

Asked by Steve Foster, Fri Jan 2, 2009

We reveiwed a home inspection that was less than 6 months old. It didn't list that anything was wrong with the plumbing. The Sellers didn't disclose there was anything wrong. Now that we've moved in the repair plumbers say that the pipes in both the shower and bathtub need to be replaced due to pipe rusting. The shower will not drain at all and the tub drains after a long time. We are looking at a large repair bill. Is there any recourse for us as the buyers

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It sounds like you reviewed someone else's home inspection instead of paying for your own. If this is true, then it sounds like you took a short cut could will cost you.

If you paid for your own inspection and this was something that should have been caught during the inspection, then contact the inspector. You may have some recourse there, but with galvanized pipes (which it sounds like you have), they would have been responsible only for reporting items that were visually inspected (without breaking into walls) as well as the operation of all plumbing fixtures. The seller may not have been aware that anything was wrong, since galvanized pipes deteriorate over time.

If you requested a home warranty through escrow, then the warranty should cover these issues for the price of your deductible (usually about $45 per visit).
0 votes Thank Flag Link Sat Jan 3, 2009

There appears to be several issues here. Eventhough I am not a plumber, I have not heard of plumping drainage problems do to rusting????? We would recommend seeking a second opinion on this issue.

Steve, it also sounds like you purchased the home without doing your own "home inspection." We strongly recommend that all of our buyers have a $300 home inspection to protect their interests. As you are seeing, it is money well spent.

Regarding the seller not disclosing the existance of a problem. Were they living in this home at the time of the sale? If not, they may not have known it existed.

This may be a situation best reviewed with your attorney.

Good luck
0 votes Thank Flag Link Sat Jan 3, 2009
If you purchased the home then you own problem. Did you have your own home inspector OR did you use seller inspection report. All home purchases you obtain your own inspection, survery, appraisal and etc. therefore you have a team who works on your behalf not on behalf of seller. If the property was own occupied never leased you might have recourse. Confer with a real estate attorney.
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Sat Jan 3, 2009

Rita and Tony have some good suggestions and are correct, the seller is required to disclose everything they know that is “material” to the property. Basically, if you think it might matter to someone, it probably does and you should disclose it

You should first consult with the agent that represented you in the purchase. If they won't help you , then speak with their broker.

Whoever represented you has a responsibility to protect you in the transaction and look out for your best interests. I don't know what they did or did not do, but I can tell you that I ALWAYS recommend that my clients get their own inspection done. Using an inspection report done for someone else, can be useful in making an offer, but is not the best thing to rely on for your protection.

Again, speak with the agent that represented you and if necessary get legal advice.

Sorry you are having this problem

Jay Gedanken
Broker Associate
PineappleHut Realty
0 votes Thank Flag Link Fri Jan 2, 2009
Hi Steve,
I agree with Tony. My first question to you is "did you get a home inspection on this home before you bought"? Next did your agent request a home warranty policy in the purchase contract for you? If you have a home warrranty and if you had a home inspection on the property and nothing appeared wrong I would be contacting the home warranty company for assistance. It may be hard to prove that the sellers didn't disclose issues to you but then I am not an attoryney and I think Tony had the right suggestion seek counsel.
Rita Harper, Realtor SRES
Coldwell Banker Vista
(760) 732-313
Web Reference: http://www.RitaHarper.com
0 votes Thank Flag Link Fri Jan 2, 2009
Hi Steve,

Sorry to hear about your unfortunate situation.

If you got a home warranty, they may be able to help with some of the repairs. However other than that, you are probably out of luck.

If the sellers knew about the problem, they should have disclosed it. In reality though, you should never rely on the presence or lack of information from the seller or agents, but always conduct your own thorough investigations with the help of trained professionals.

If you really think you might have a chance in proving the sellers did not disclose a material defect they were aware of, I would suggest contacting the Lawyer Referral Service for further consultation.

0 votes Thank Flag Link Fri Jan 2, 2009
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